Monarch delays & Compensations. Listed flights denied in O.P.

NoviceAngel

razorsedge wrote: »

My argument is that bad weather is specifically mentioned in the regs as an EC (for the flight concerned) but bird strikes are not mentioned anywhere.

Watch this space!

Really ??? It's that long since I actually read the regs :undecided

Well if you're fighting a case delayed because of a bird strike, I can't wait to read about your success and Bott will have to change their advice to us uneducated sheep that simply follow :cool:

Cheers,

NoviceAngel

Mark2spark

NoviceAngel wrote: »

Yes I do see your point, but how far do you take the argument isn't bad weather to be expected and inherent in the airlines business, you could use the same argument about all the reasons of an EC.

It's how you interpret the actual EC261 regs, and the basic generally accepted understanding of them, it would be interesting to know if anybody has successfully received compensation due to a delay caused by a bird strike, I don't recall reading of any on here.

Cheers,

NoviceAngel

Well the bad weather part (ie snow / ice) normally leads into ATC restrictions as well, which, although inherent, is third party.

I seem to recall successful claims for bird strike claimed EC's in the early days, but I don't have any links. I seem to remember that there was some aviation web page where bird strikes over the last 3/6/12 months were stated - and that was just the recorded ones. Which, if printed off, is evidence to the court at just how frequent these strikes are. Dozens and dozens daily.

In an earlier post you also said that the delay was 30 hours? Well, there's not really much argument the airline can put up against that length of delay, bird strike or not.

111KAB

My own thoughts are that bird strikes are a regular occurrence and indeed any airline should expect same from time to time. Should a bird strike occur the airline concerned should report to the CAA/NEB for two principle reasons, firstly the bird loss and secondly potential fan damage to the plane concerned.


Although reluctant to ever involve the CAA (the worthless/toothless/useless organisation when it comes to 261/2004 claims) a bird strike may be one instance where they could possibly assist. If an airline fail to report a bird strike then IMO they have a problem. Why did they not report? Possibly there was no bird strike and they are just making this up??


In any event time should be of the essence as yes inspections etc are required however substitute aircraft should be available, possibly not at a moments notice however the airline will know about the 3 hour threshold.


As I say bird strikes are common >


http://www.caa.co.uk/default.aspx?catid=2008&pageid=11326


they are not extraordinary circumstances and therefore should not be treated as such. They can cause technical problems to the engine but surely this is covered by Huzar.

Andrew_Fish77

I decided to send an email 2 weeks ago to Monarch asking for compensation to be paid in full within 2 weeks or I would proceed with court action!

it worked...today I received an email to say I would be paid compensation for delays on flight ZB228 LGW-PMI 18TH MAY 2014. A cheques is being processed and it will be in the post within 28 days - at last it has happened!

Anyone going through this keep going and don't give up! Good luck.

glentoran99

Andrew_Fish77 wrote: »

I decided to send an email 2 weeks ago to Monarch asking for compensation to be paid in full within 2 weeks or I would proceed with court action!

it worked...today I received an email to say I would be paid compensation for delays on flight ZB228 LGW-PMI 18TH MAY 2014. A cheques is being processed and it will be in the post within 28 days - at last it has happened!

Anyone going through this keep going and don't give up! Good luck.

have sent them several such emails, and so has my solicitor, what email adddress did you use?


I think they might get a few of these processed now before the exchange rate goes down again

batman44

Ok had a response back from monarch today after the investigations, turned me down as expected. Fault technical with the aircraft before a preceeding flight so a knock on.

Just gave them 14 days NBA via email strongly and (in the queens english) worded telling them I know what i am doing and fully aware of the regs and law around this.

Oh as a footnote-

Never heard so much utter rubbish and a lame excuse as it was an EC and its not there fault it was a flat tyre!

Vauban

batman44 wrote: »

Ok had a response back from monarch today after the investigations, turned me down as expected. Fault technical with the aircraft before a preceeding flight so a knock on.

Just gave them 14 days NBA via email strongly and (in the queens english) worded telling them I know what i am doing and fully aware of the regs and law around this.

Oh as a footnote-

Never heard so much utter rubbish and a lame excuse as it was an EC and its not there fault it was a flat tyre!

Pathetic isn't it? We all know how this is going to end, but how much money will Monarch throw at it before the inevitable denouement?

glentoran99

I cant believe they are still using EC on technical faults, at least put a bit of effort in like Jet 2

razorsedge

111KAB wrote: »

Should a bird strike occur the airline concerned should report to the CAA/NEB for two principle reasons, firstly the bird loss and secondly potential fan damage to the plane concerned.

Thirdly airlines have to report bird strikes because that is the law. (It is in the Air Navigation Order)

111KAB wrote: »

If an airline fail to report a bird strike then IMO they have a problem.

Yes they do have a problem, because not reporting a bird strike is a criminal offence under the ANO.

batman44

razorsedge wrote: »

Thirdly airlines have to report bird strikes because that is the law. (It is in the Air Navigation Order)


Yes they do have a problem, because not reporting a bird strike is a criminal offence under the ANO.

I think i seen a report or something on the CAA website saying they have an special reporting websites both CAA and Airlines for Birdie strikes.